Probate Questions

1 Answer | Asked in Probate for Virginia on Feb 9, 2011

Paul A. Prados's answer
there is not enough information to answer your question. It is possible for assets to pass without opening and fully probating an Estate in certain instances. If the amount of assets is substantial this is not a matter in which you should leave questions ...
 
 

1 Answer | Asked in Probate for Virginia on Jan 26, 2011

Paul A. Prados's answer
It depends on the size of the estate, and the policies of the bank. It is not clear what you mean by "they say it is not allowed there." If the will has been rejected by a Circuit Court you may need to probate the will in another jurisdiction ...
 
 

1 Answer | Asked in Probate for Pennsylvania on Mar 7, 2014

Rachel Lea Hunter's answer
Talk this over with your divorce attorney. The answer is it depends on the circumstances. Is health insurance otherwise available to your spouse through her employer and is the coverage as good? How much do you pay, if anything for the coverage? ...
 
 

1 Answer | Asked in Probate for Alabama 17 days ago

William E. Scully Jr.'s answer
Of course not! Presenting an expired driver's license for identification just makes you look suspicious. If you need a valid identification, just get a new driver's license. If you have had legal problems, and can't get a driver's ...
 
 

1 Answer | Asked in Probate for Georgia on Dec 20, 2013

Rachel Lea Hunter's answer
Get a lawyer. I am not being funny or rude. If the spouse is in possession of a will then he can be compelled to produce it. OCGA ยง 53-5-5. Duty to file will A person having possession of a will shall file it with reasonable promptness with the ...
 
 

1 Answer | Asked in Probate for Pennsylvania on Dec 30, 2013

Rachel Lea Hunter's answer
Don't know what you mean. Attorney's fees are set by the court and are usually a percentage of the probate estate. So if you are talking about fees earned by a probate attorney in helping to administer an estate, the answer is no. If you mean in ...
 
 

1 Answer | Asked in Probate for North Carolina on Feb 1, 2014

Rachel Lea Hunter's answer
It depends. Did you properly notify the creditor and publish notice in the newspaper? Was the claim filed before or after the date specified in the notice? If notice was properly given and the claim was filed after the cutoff date specified, then you ...
 
 

1 Answer | Asked in Probate for North Carolina on Feb 12, 2014

Rachel Lea Hunter's answer
If you live in NC, there is no common law marriage here. In order for a common law marriage to be recognized, you would have had to enter into a valid common law marriage in another state. Since there is no common law marriage, you would not be entitled ...
 
 

1 Answer | Asked in Probate for Florida on Mar 15, 2014

David M. Goldman's answer
life estate to new wife and remainder to children, unless wife makes election for 50%.
 
 

1 Answer | Asked in Probate for Michigan on Feb 7, 2014

Tracy Torni Gaudenzi's answer
The amount cannot be less than zero. Here (hopefully, it will work) is a link to the Inventory form. http://courts.mi.gov/Administration/SCAO/Form s/courtforms/probate/pc577.pdf You may have received an outdated version from the Court. The current version ...
 
 

1 Answer | Asked in Probate for Florida on Jan 27, 2014

Cristin Silliman's answer
More information is needed to correctly answer your question. If directions for disposition of the estate are in a Will (as opposed to a trust), or if there was no will, and the assets were solely in the name of the deceased (as opposed to joint ...
 
 

1 Answer | Asked in Probate for Maryland on Aug 31, 2012

claumann's answer
Maryland law has a specific order for paying estate bills when there is not enough money to pay everyone. Generally the probate fees taxes get paid first and attorneys / personal representatives get paid ahead of some other debts. However, it is good ...
 
 

1 Answer | Asked in Probate for Maryland on Sep 9, 2013

Cedulie Renee Laumann's answer
Real estate (land / homes attached to the land). Contrast this with Personal Property which is basically stuff that can be moved.
 
 

1 Answer | Asked in Probate for Texas on Dec 4, 2013

Daniel J 'Dan'Davis's answer
More information is need to fully answer this question, but the short answer is "no", you may proceed through the probate process without a lawyer. It is referred to a filing "pro se." The process is mostly guided/controlled by the laws ...
 
 

1 Answer | Asked in Probate for California on May 19, 2013

Jonathan Craig Reed's answer
Not sure what your question is. If the four of you already have title it sounds like the best solution is to sell the house and split the proceeds. If you do not already have title, the house can be sold during the probate process.
 
 

1 Answer | Asked in Probate for Minnesota on Dec 5, 2013

David William Jacobsen's answer
A will is a testamentary document that provides where the testator wants his or her property to pass upon death. A validly executed will admitted to probate without challenge will control the distribution of the decedent's property. In Minnesota you ...
 
 

2 Answers | Asked in Probate for New York on Nov 23, 2013

Paula J. Mcgill's answer
With the information you provided, it is difficult to say. You should take a copy of the will and all correspondence to an experienced probate attorney in your area for an initial consultation. Ask all questions you have about the probate process and your ...
 
 

1 Answer | Asked in Probate for Oklahoma on Nov 16, 2013

Howard Berkson's answer
There is not enough information to fully answer your questions. The biggest factor is whether your father-in-law is still alive, and without that information, there's not much one can say about how the estate would be divided. As to the house, it ...
 
 

1 Answer | Asked in Probate for Oklahoma on Jul 2, 2013

Howard Berkson's answer
A person who dies without a will is legally said to have died "intestate." A probate court will distribute the estate following the rules of intestacy - the rules for when there is no will to apply. The division of the assets in the estate ...
 
 

2 Answers | Asked in Probate for New Mexico on Jan 30, 2013

Michele Ungvarsky's answer
The estate should be probated where your husband resided. If he lived in New Mexico, payed taxes, utilities, voted etc. the probate the will in New Mexico, if his residence was in another state the estate should be probated in that state.